California 2011-2012, 1st Special Session Status: To Executive

AB 34 — State Controller: property tax postponement.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012, 1st Special Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The Senior Citizens and Disabled Citizens Property Tax Postponement Law, until February 20, 2009, authorized a claimant, as defined, to file a claim with the Controller to postpone the payment of ad valorem property taxes, where household income, as defined, did not exceed specified amounts. Existing law authorized the Controller, upon approval of the claim, to either make payment directly to specified entities, or to issue the claimant a certificate of eligibility that constituted a written promise of the state to pay the amount specified on the certificate, as provided. Existing law required these payments to be made out of specified funds appropriated to the Controller, as specified, and also required repaid property tax postponement payments to be paid into an impound account and transferred, as specified, to the General Fund. Existing law, on and after February 20, 2009, prohibits a person from filing a claim for postponement, and prohibits the Controller from accepting applications for postponement, under the Senior Citizens and Disabled Citizens Property Tax Postponement Law. This bill would repeal the prohibition against a person filing a claim for postponement and the Controller from accepting applications for postponement under the program as of July 1, 2012. This bill would create in the State Treasury a Senior Citizens and Disabled Citizens Property Tax Postponement Fund. The bill would require that repaid property tax postponement payments be transferred from the impound account to, or be directly deposited into, the newly created fund. The bill would continuously appropriate these funds to the Controller for purposes of administering the property tax postponement program, as specified. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. (3) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4:45 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 209.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 15 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 137.).

  6. Ordered to third reading.

  7. Withdrawn from committee.

  8. (Page 136.)

  9. Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended by unanimous consent.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  11. Referred to Com. on B. & F.R.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 21. Page 185.)

  14. Read second time. Ordered to third reading.

  15. (Page 171.)

  16. Ordered to second reading.

  17. Without reference to committee.

  18. From printer.

  19. Read first time. To print.

Sponsors

  • Blumenfield · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Blumenfield

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 34 BLUMENFIELD Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 73002
Democratic 3000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Cook — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Gatto — Yea
Gorell — Not Voting
Hall — Yea
Yamada — Yea
Butler — Yea
Furutani — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Harkey — Yea
Atkins — Yea
Campos — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Carter — Yea
Portantino — Yea
Huffman — Yea
Jeffries — Yea
Cedillo — Yea
Knight — Yea
Alejo — Yea
Ammiano — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Bonilla — Yea
Fletcher — Yea
Galgiani — Yea
Gordon — Yea
Beall — Yea
Block — Yea
Halderman — Not Voting
Hayashi — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Achadjian — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Perea — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Supp 1 AB34 Blumenfield By Leno

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 30007
Republican 1000
Democratic 2000
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Yee — Yea
Hancock — Yea
Cannella — Yea
Lowenthal — Yea
De León — Yea
Fuller — Not Voting
Negrete McLeod — Yea
Rubio — Yea
Hernandez — Yea
Runner — Not Voting
Anderson — Yea
Dutton — Yea
Huff — Not Voting
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Not Voting
Price — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Yea
Lieu — Yea
Vargas — Yea
Wright — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 34 BLUMENFIELD Assembly Third Reading

Passed 49 Yea · 21 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4619010
Democratic 3000
Republican 0200
Total 4921010
% of votes cast 61%26%0%13%
How each member voted (80)
Member Party Vote
Cedillo — Not Voting
Eng — Yea
Feuer — Yea
Donnelly — Nay
Garrick — Not Voting
Gatto — Yea
Hagman — Nay
Hall — Yea
Ammiano — Yea
Beall — Yea
Butler — Yea
Chesbro — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Mendoza — Yea
Monning — Yea
Perea — Yea
Bonilla — Yea
Swanson — Yea
Torres — Yea
Williams — Yea
Yamada — Yea
Atkins — Yea
Gorell — Not Voting
Campos — Yea
Halderman — Nay
Harkey — Nay
Fletcher — Not Voting
Carter — Not Voting
Conway — Nay
Cook — Nay
Jeffries — Nay
Knight — Nay
Lara — Yea
Miller — Not Voting
Morrell — Nay
Nestande — Not Voting
Nielsen — Nay
Olsen — Nay
Smyth — Not Voting
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Pan — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Wieckowski — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

taxation housing
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Frequently asked questions

What does AB 34 do?
(1) The Senior Citizens and Disabled Citizens Property Tax Postponement Law, until February 20, 2009, authorized a claimant, as defined, to file a claim with the Controller to postpone the payment of ad valorem property taxes, where household income, as defined, did not exceed specified amounts. Existing law authorized the Controller, upon approval of the claim, to either make payment directly to specified entities, or to issue the claimant a certificate of eligibility that constituted a written promise of the state to pay the amount specified on the certificate, as provided. Existing law required these payments to be made out of specified funds appropriated to the Controller, as specified, and also required repaid property tax postponement payments to be paid into an impound account and transferred, as specified, to the General Fund. Existing law, on and after February 20, 2009, prohibits a person from filing a claim for postponement, and prohibits the Controller from accepting applications for postponement, under the Senior Citizens and Disabled Citizens Property Tax Postponement Law. This bill would repeal the prohibition against a person filing a claim for postponement and the Controller from accepting applications for postponement under the program as of July 1, 2012. This bill would create in the State Treasury a Senior Citizens and Disabled Citizens Property Tax Postponement Fund. The bill would require that repaid property tax postponement payments be transferred from the impound account to, or be directly deposited into, the newly created fund. The bill would continuously appropriate these funds to the Controller for purposes of administering the property tax postponement program, as specified. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. (3) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 34?
AB 34 is sponsored by Blumenfield.
What is the current status of AB 34?
This bill died with 2011-2012, 1st Special Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 34?
Track AB 34 free on One Click Politics — get push/email alerts when it moves.

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